Attorney Tips on Handling DUI Cases

Nystagmus as part of DUI investigation, Los Angeles

February 24, 2016

Nystagmus is an investigation tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to several field sobriety tests. Field sobriety test is a voluntary test and you can and should refuse to submit it. If you agreed to the tests, the prosecutor will likely use them to show that you were impaired. The tests are highly subjective and can cause a person to be arrested even when he is innocent of the DUI. The most common field sobriety tests are a visual check for nystagmus, […]

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DUI Probation and Its Terms and Conditions

February 23, 2016

DUI Probation is a very common sentence in many DUI cases. A conviction for a DUI does not have to involve probation, some dispositions are terminal, meaning, there is no obligations attached to the court because after the sentence is complete, the case is over. Often, defendants want to be on DUI probation because the alternative is jail time. Some defendants are not eligible for DUI probation because of the record or nature of the offense. Most misdemeanors offenders can be sentences to summary probation and many felony offenders will be sentences to felony probation.  A felony probation requires supervision, whereas a misdemeanor probation does not require supervision.  If a defendant is found guilty and the court decides that probation […]

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Chemical Test Refusal in Los Angeles DUI Cases

February 18, 2016

Any driver arrested for a DUI is required by California state law to submit to a chemical test.  A chemical test can be a blood test, a breath test or a urine test.  A DUI refusal to submit to a chemical test is a more serious offense then a simple DUI. This article discusses Chemical Test Refusal in California DUI Cases. Click on the links below to go directly to your topic of interest. 1.WHAT ARE THE CONSEQUENCES OF BEING ARRESTED FOR A DUI WITH REFUSAL ALLEGATION? 2. WHAT IF I WAS ARRESTED FOR A CHEMICAL TEST REFUSAL BUT I WAS NOT DRIVING? 3. HOW CAN A DRIVER ARRESTED FOR A “REFUSAL DUI” IN LOS ANGELES FIGHT HIS CASE? 4. CAN THE POLICE […]

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Breath test science:how California courts ignore it

February 15, 2016

California Supreme Court recently eliminated several important breath test defenses for DUI cases that drunk driving attorneys in Los Angeles used to successfully defend DUI cases in the Superior Court. According to the Supreme Court of California’s decision in People v. Vangelder, unreliability of breath sample can not always be argued to the jury.  Terry Vangelder was prosecuted for a DUI when his breath test came back as .08 percent alcohol after he was pulled over for speeding.   At trial, his defense tried to introduce testimony from Dr. Hastala who testified that breathalyzers don’t accurately show the level of alcohol in blood because recent scientific research shows that ratio of alcohol in air in lungs is not always the same […]

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What is Legal Blood Alcohol Level for DUI in California?

January 26, 2016

This article gives an answer to the question What is Legal Blood Alcohol Level for DUI in California?  Click on the links below to go directly to your topic of interest. Legal Blood Alcohol Level for 21 years old or older non-commercial driver in California Legal BAC for Commercial Drivers in California Legal alcohol level for person under 21 years of age Arrest for a DUI with a blood alcohol level less than .08%? Legal Blood Alcohol Level for 21 years old and older non-commercial driver in California In California, the legal blood alcohol level for most drivers is .08% or less of alcohol in blood by weight.  California Vehicle Code section 23152(b) describes the meaning of legal blood alcohol level and also provides […]

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Driving on a Suspended License in California

January 20, 2016

In this article Los Angeles DUI Defense Lawyer discusses Driving on a Suspended License.  Click on the links below to go directly to your topic of interest. LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW ATTORNEY EXPLAINS TYPES OF LICENSE SUSPENSION DRIVING ON A SUSPENDED LICENSE ALSO CARRIES POINTS WITH THE DMV COURT PROCESS FOR SUSPENDED LICENSE SUSPENDED LICENSE. Example 1 SUSPENDED LICENSE. Example 2 SUSPENDED LICENSE. Example 3 LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW California Laws covering driving on a Suspended License can be found in California Vehicle Code sections 14601-14601.5.  The decision to charge one code section over another primarily deals with the type of suspension or revocation.  For instance, if the driver’s license suspension is based on a conviction for drunk […]

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DUI Checkpoints in Los Angeles

January 13, 2016

DUI Checkpoints in Los Angeles are becoming very common in the city of Los Angeles. Police departments outside of Los Angeles also use DUI checkpoint to arrest drivers suspected of DUI. Los Angeles DUI Attorney is very experienced in fighting DUI checkpoint cases because police have to follow many rules to have a legal DUI checkpoint. Without following court guidelines regarding  DUI checkpoint set up, all arrests at Los Angles DUI Checkpoints  can be illegal. There are several ways how Los Angeles DUI lawyer can help you fight arrest at DUI Checkpoints. First, unless the police set up the DUI Checkpoints as told by the California courts, the checkpoint will be invalid. Second, because no bad driving observed at a checkpoint, it […]

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FIELD SOBRIETY TEST IN DUI CASES CALIFORNIA

January 12, 2016

This article discusses about FIELD SOBRIETY TEST IN DUI CASES CALIFORNIA. Click on the links below to go directly to your topic of interest. Field Sobriety Tests (FST) Definition The Three “Standardized” DUI Field Sobriety Tests Using Field Sobriety Test To Win DUI case Field sobriety test accuracy and usage for DUI investigations SHOULD I submit to the field sobriety test?   Field Sobriety Tests (FST) Definition A field sobriety tests are series of test that police uses to determine if he or she is impaired and can not safely operate a vehicle. Field sobriety tests are tests usually used by the law enforcement to prove that a person is impaired outside of the blood alcohol level or when the […]

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Alcohol Education Program after DUI

December 30, 2015

There are 6 different Alcohol Education programs  in California that can either be ordered as a condition of probation with a DUI conviction, or can be required to be completed as a term of probation for various other, usually driving or alcohol-related convictions. After a Driving under the Influence conviction, the DMV will often require a completion of AB 541 or SB 38 program prior to re-issuance of the driver’s license. I summarized and listed the programs below from the easiest to the hardest. Most of the programs are offered by private commercial entities and thus vary in price and format. Out of 472 licensed DUI programs in 58 California Counties, some are better! Los Angeles DUI Attorneys will not […]

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TRAFFIC STOPS DANGERS

December 21, 2015

Recent shooting death of Walter Scott, Dontrell Stevens, Boddy Canipe, Levar Jones, Samuel Dubose and others are tragic.  These deaths are examples of situation where a person dies because a trigger happy police officer fires his gun based on some justification of fear for police safety.  Neither one of the listed victims of police shooting was armed at the time of shooting.  Most of the listed persons who were shot were black.  It turns out that being black will cause drivers to be 30 percent more likely to be pulled over, then a white driver.  Traffic stops dangers involve risk of confrontation with a police officer who can be overly aggressive or tired or just not a good police officer.  […]

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